Summary: We will not investigate this complaint about Miss X being in temporary accommodation for over four years and the suitability of the accommodation offered to her family. It was reasonable for her to challenge the Council’s review of suitability of the accommodation by way of an appeal to the County Court.

The complaint

1. Miss X complained about being placed in different temporary accommodation by the Council over a period of over four years. She says her family needs a permanent settled home and that her current accommodation nis unsuitable for her needs because it is too far from her support network.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered the information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X was placed in temporary accommodation by the Council in 2019 following its acceptance of a homeless duty towards her. Since that time she says she has had to move several times and currently is in accommodation which is over an hour away from her family connections. She says this is having a negative effect on her children.
7. The Council told Miss X that demand for accommodation in the London area means that there is a shortage of permanent and temporary vacancies. It is unable to tell her when she may be offered a permanent home.
8. Miss X requested a review of the suitability of her current accommodation under s.202 of the Housing Act 1996. The Council carried out the review and in July 2023 informed her that it considered her accommodation to be suitable for her family needs.
9. The Council advised Miss X that she could appeal against its decision on her accommodation to the County Court if she still wished to challenge it.
10. We will not investigate complaints about matters which have a remedy by way of an appeal to a court or an independent tribunal and it is reasonable for the complaints ant to pursue this remedy.

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Final decision

11. We will not investigate this complaint about Miss X being in temporary accommodation for over four years and the suitability of the accommodation offered to her family. It was reasonable for her to challenge the Council’s review of suitability of the accommodation by way of an appeal to the County Court

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Investigator's decision on behalf of the Ombudsman